Seymorehearing 3619

1 IN THE CIRCUIT COURT
OF THE SEVENTH JUDICIAL

2 CIRCUIT IN AND FOR
VOLUSIA COUNTY, FLORIDA
3
CASE NO.: 2016-31699-FMCI
4
FLORIDA DEPT. OF REVENUE, ET AL,
5
Plaintiff,
6
and
7
PHILLIP SEYMORE,
8
Defendant.
9 __________________________________/
10
11
12
13 125 East Orange Avenue

Daytona Beach, Florida
14 March 6th, 2019
2:01 p.m. - 2:30 p.m.
15
16
17
18 HEARING
19 The above-styled cause came to be heard before
20 the Honorable Stasia Warren, Circuit Judge, at the
21 time and place indicated, for the purpose of taking
22 testimony and evidence in said cause.
23
24
25
RELIABLE REPORTING COURT REPORTERS
386-547-0457
2
1 APPEARANCES:
4 CHARLES RUPPEL, ESQUIRE

Florida Department of Revenue
5 P.O. Box 2200
Daytona Beach, Florida 32115
6
On Behalf of the Plaintiff
7 (Appearing Via Speakerphone)
10 PHILLIP SEYMORE
Pro Se Litigant
11
12 ARIKA RENEE RICHARD

Pro Se Litigant
13
14
15
16
17
SHANNON GREEN, RPR
18 COURT REPORTER
19
20
21
22
23
24
25
386-547-0457
3
1 P R O C E E D I N G S
2 THE COURT: Good afternoon. Please be
3 seated. Okay. We're here this afternoon in
4 the matter of Phillip Seymore and case
5 number, let's see, I believe it's 2016-31699.
6 Madam Clerk, would you place the parties
7 under oath?
8 THE CLERK: If you could please both
9 raise your right hand?
10 (Parties were sworn.)
11 THE COURT: Okay. This matter was set
12 at 1:30 and it's a couple minutes after 2:00
13 and I had allowed one hour for this so I
14 don't know that we're going to be able to
15 conclude this today. We'll probably have to
16 reschedule it to finish it. It all depends
17 how long you all take. So keeping that in
18 mind when you speak that it's going to be --
19 that we're going to have to conclude it in a
20 half an hour.
21 So Mr. Seymore, would you please explain
22 to the Court what you're asking this Court to
23 do now?
24 MR. SEYMORE: I'm asking the Court to
25 vacate this Order for --

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1 THE COURT: Hold on just a moment.
2 (Phone rings in the courtroom.)
3 THE COURT: This is Judge Warren.
4 MR. RUPPEL: Hey, Judge. It's
5 Charles Ruppel.
6 THE COURT: Okay. We just started this
7 proceeding. And will you be attending by
8 phone?
9 MR. RUPPEL: Yes.
10 THE COURT: I had just asked Mr. Seymore
11 what he was asking this Court to do. So
12 hopefully -- Mr. Seymore, would you speak
13 into the mic so everyone can hear you,
14 please?
15 MR. SEYMORE: Yes, ma'am. I'm asking
16 the Court to vacate this Order in arrears.
17 THE COURT: Which Order are you talking
18 about? There's been so many orders in this
19 Court.
20 MR. SEYMORE: Really all of them. It's
21 not valid, and I got proof that -- to show
22 that every Order from the beginning of this
23 case has been voided. And it should have
24 been caught by Mr. Ruppel. It should have
25 been caught by the Department of Revenue. It

386-547-0457
5
1 should have been caught by Judge --
2 Judge Foxman. It should have been caught by
3 the judge in Broward County. And for 13
4 years I've been paying child support on a
5 Order that's not void -- that's not valid.
6 MS. RICHARD: You don't pay child
7 support.
8 MR. SEYMORE: First of all, the -- the
9 summons that was served, that was
10 insufficient from the beginning. The first
11 summons that was served, it was served to
12 Miss Richard. And according to the law, the
13 adversary shouldn't be served. I got proof
14 of the summons. They defaulted me off of
15 something that they served her. I never
16 entertained the Court -- case. I never been
17 involved in the case. And every other
18 summons, I've I got proof of that, that
19 Miss Richard, every address that she -- she
20 gave the Department was a address that I
21 didn't live at. Miss Richard, she made in
22 her statement clear that where the first
23 summons was served at she didn't live there
24 so she had no reason receiving the summons.
25 MS. RICHARD: I never received a

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1 summons.
2 THE COURT: Okay. Hold on just a
3 minute, ma'am. You'll have a chance to talk.
4 MR. SEYMORE: The second summons --
5 MR. RUPPEL: Your Honor, can you -- I'm
6 sorry, I'm working out of the house today.
7 Can you give me the case number so I can --
8 THE COURT: Okay. It's case number
9 2016-31699-FM. Is that correct, sir?
10 MR. SEYMORE: Yes.
11 THE COURT: Because from what I know
12 about the case -- now, you're asking me to
13 vacate orders from 13 years. And from what I
14 looked at the case, and it looks like a
15 lot -- something went up on appeal, one of
16 these Orders --
17 MR. SEYMORE: Okay.
18 THE COURT: -- and the Court, the
19 appellate court, sustained Judge Foxman's
20 ruling.
21 MR. SEYMORE: Um-hum.
22 THE COURT: So if -- I can't do anything
23 about that case.
24 MR. SEYMORE: Okay. The reason why I
25 say even Judge Foxman's ruling with the

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1 disestablishing paternity is void because she
2 didn't have jurisdiction at the time that she
3 heard the case. The law -- the law
4 stipulates that when I filed a
5 disestablishment of paternity that the court
6 who has jurisdiction over the child support
7 case was supposed to hear the case. At the
8 time that I filed that motion, Volusia County
9 didn't have jurisdiction over the case.
10 Broward County had --
11 THE COURT: Then why didn't --
12 MR. SEYMORE: -- jurisdiction.
13 THE COURT: Did you tell the appellate
14 court that? Because if they didn't have
15 jurisdiction, the appellate court wouldn't
16 have heard it. That's the first thing
17 appellate court does is look at jurisdiction.
18 MR. SEYMORE: Well, the appellate court
19 made a ruling based on the fact that there
20 wasn't no transcript. That's what they made
21 a ruling based on, that they didn't have a
22 transcript sufficient enough to overturn her
23 judgment. But we know that jurisdiction
24 override anything when it comes to
25 jurisdiction. And -- and the fact of the

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1 matter, when the very first case that
2 happened 13 years ago with this summons,
3 right, they didn't -- Broward County didn't
4 have personal jurisdiction nor subject matter
5 jurisdiction because Miss Richard received
6 the summons. Here is the summons right here.
7 THE COURT: Okay. If --
8 MS. RICHARD: Miss Richard never
9 received that summons, and that's --
10 MR. SEYMORE: Here's the summons.
11 MS. RICHARD: -- not Miss Richard's
12 signature either.
13 MR. SEYMORE: You don't sign the
14 summons.
15 THE COURT: Okay, both. Were you able
16 to pull the case up?
17 MR. RUPPEL: Yes, I have it.
18 THE COURT: Okay. So what do you know
19 from your perspective, the Revenue
20 Department, about this case?
21 MR. RUPPEL: Well, what I could see is
22 that Mr. Seymore has filed a number of
23 motions and petitions to vacate, you know,
24 court orders back in -- December 28th. And
25 I'm not sure if they were ever ruled on. I

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1 mean, I see a lot of --
2 MS. RICHARD: They were ruled on.
3 THE COURT: Is he paying child support
4 now?
5 MR. RUPPEL: I don't know. Sir, are you
6 paying child support now?
7 MS. RICHARD: No.
8 MR. SEYMORE: Yes, I'm paying child.
9 MS. RICHARD: What you paying?
10 MR. SEYMORE: I pay child support, yes.
11 THE COURT: How much do you pay now?
12 MR. SEYMORE: I pay -- right now I pay a
13 thousand dollars a month for kids that ain't
14 mine.
15 MS. RICHARD: Phillip does not pay child
16 support. I have not received any payments
17 from child support from him since, what,
18 June? I can pull my child support case up.
19 MR. SEYMORE: You have -- I'm not going
20 to argue about it.
21 THE COURT: Okay. Well --
22 MR. SEYMORE: That's not what I'm here
23 for. I'm here for my Petition. I'm not here
24 to debate with her about whether I --
25 MS. RICHARD: Yeah, that's fine.

386-547-0457
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1 MR. SEYMORE: -- paid child support.
2 MS. RICHARD: I mean, but you don't pay
3 child support. You don't pay anything at
4 all.
5 MR. SEYMORE: These ain't my kids.
6 MS. RICHARD: I don't care. You just
7 said you paid --
8 COURT DEPUTY: Hey, stop.
9 MS. RICHARD: -- child support.
10 COURT DEPUTY: This is not
11 Jerry Springer Let's Argue Back and Forth.
12 This is a courtroom.
13 MS. RICHARD: I ain't arguing back and
14 forth.
15 MR. SEYMORE: But, Your Honor, that's
16 why I'm here.
17 THE COURT: What are you -- what are you
18 -- I really don't even know why you're here.
19 MR. SEYMORE: I'm here for my Motion to
20 Vacate.
21 THE COURT: Vacate what, though, sir,
22 because everything else has been ruled on and
23 it's already been to the appellate court.
24 MR. SEYMORE: But any -- no, the only
25 thing that been ruled on and been the

386-547-0457
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1 appellate court is my Motion to Disestablish
2 Paternity. That's the only thing they ruled
3 on and went to the appellate court. Those
4 are two separate -- I got the paperwork right
5 here. Those are two separate court cases.
6 The petition -- the disestablishment is 2015
7 -- is a 2015 case.
8 THE COURT: Sir, your Motion to Vacate
9 says the Final Order and Arrears.
10 MR. SEYMORE: Final Order and Arrears.
11 So the Final Order and Arrears is the child
12 support, which is --
13 THE COURT: Is child support.
14 MR. SEYMORE: -- the 2016-31699. That
15 never been to the appeal court.
16 MR. RUPPEL: Judge, I mean, we had a
17 hearing back in -- October 11th where
18 Neal Coffman ordered child support.
19 MR. SEYMORE: So I'm paying child
20 support.
21 MR. RUPPEL: And apparently after that,
22 attorney Jim Evans withdrew from the case.
23 THE COURT: Um-hum.
24 MR. RUPPEL: And then I guess respondent
25 filed Motions to Vacate, Petitions to Vacate.

386-547-0457
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1 THE COURT: But I don't know which
2 petition -- what -- what he's -- what he's
3 trying to -- which Order.
4 MR. SEYMORE: 2016-31699.
5 THE COURT: No. But there's a lot of
6 different Orders in that case, sir.
7 MR. SEYMORE: That's -- in order to --
8 okay. They added a Order -- hold up. They
9 added -- on a new Order that they filed, they
10 added a Order to a non-valid Order. You
11 can't do that. The Order from Broward County
12 was void, was not valid. So they went and
13 added Keion onto a Order that's not valid.
14 That's law. You -- we -- we could argue that
15 all day. You can't add a Order to a Order
16 that's not valid. And the Order -- if
17 Mr. Ruppel then would have took the time and
18 look, because every -- every Court, every
19 judge, job is to make sure that due process
20 is done. Every officer of the court got to
21 make sure that I get my due process.
22 So if Mr. Ruppel then would have went and
23 did their job right and looked at my file
24 right that Broward County sent them, they
25 would have saw that I never was served a

386-547-0457
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1 summons. And a summons gives the Court
2 jurisdiction over me so if the first summons,
3 if the first summons wasn't done right, this
4 whole case --
5 THE COURT: Should you have gone back
6 perhaps to Broward County and got them to
7 overturn it then?
8 MR. SEYMORE: It say I could argue this
9 in any court whether independently, that's
10 the law.
11 THE COURT: Well, you say you don't have
12 jurisdiction. Some -- you're saying -- on
13 one hand you're saying this Court doesn't
14 have any jurisdiction, and that really
15 Broward has jurisdiction, yet you want us to
16 undo something that Broward County did.
17 MR. SEYMORE: Okay. Well, the Order
18 that --
19 THE COURT: So you can't have it both
20 ways, sir.
21 MR. SEYMORE: In order to do that, in
22 order to do that, this new Order got to be
23 vacated.
24 THE COURT: Show me which new order
25 you're talking about.

386-547-0457
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1 MR. SEYMORE: The one that they just did
2 in October. 31 -- 2016-31699. They added
3 Keion to a Broward County Order. Broward
4 County transferred --
5 THE COURT: So you're talking about one
6 child they added?
7 MR. SEYMORE: Yeah, Broward County
8 transferred the case to Volusia. Volusia
9 then, after Judge Foxman made a ruling, went
10 and added Keion to the case -- to a Order
11 that's void. It's not a valid Order. You
12 can't add a Order (sic) to a valid (sic)
13 Order. Now this case, if the courts want to
14 dismiss this case and send this case back to
15 Broward where this still got to be dealt with
16 and handled, you still got to dismiss the new
17 Order and send it back to Broward and let
18 Broward deal with this because that's who
19 made this mistake because you can't add a
20 Order to a void -- a non -- a invalid order.
21 MR. RUPPEL: Your Honor, Your Honor,
22 look. Here's what happened here. Attorney
23 Evans represented Mr. Seymore in court in
24 front of the hearing officer, and on
25 October 9th of '18, the judge found that he

386-547-0457
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1 had jurisdiction -- the hearing officer found
2 that he had jurisdiction and he moved forward
3 with the whole case. It was -- people
4 testified about income and there was no
5 objection to, like, jurisdiction or anything
6 like that. And the Court ordered child
7 support at 891 a month for the three children
8 and, you know, and then this step down and
9 all of that. There was no -- from what I can
10 see from the findings and the facts, there
11 was no allegations of what Mr. Seymore is
12 saying today.
13 MR. SEYMORE: Okay.
14 THE COURT: Did you hear that? You were
15 at that hearing.
16 MR. SEYMORE: This -- this the
17 situation.
18 THE COURT: Were you at that hearing,
19 sir?
20 MR. SEYMORE: Yes, I was at that
21 hearing.
22 THE COURT: Okay.
23 MR. SEYMORE: My attorney -- now you're
24 dealing with a fraud because he knew all of
25 this so now he dealing with extringent

386-547-0457
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1 (phonetic) what he doing, he playing sides
2 because he asked me to try to settle for $500
3 a month with this case knowing that this
4 Court -- the Court didn't have jurisdiction.
5 Now we're impeding the line of extringent
6 fraud, which is also mentioned in my motion.
7 MR. RUPPEL: Judge, I mean, these are
8 issues that he should have brought up at that
9 hearing and --
10 MR. SEYMORE: No, I could argue -- I can
11 argue --
12 THE COURT: Let him finish, sir.
13 MR. SEYMORE: Oh, go ahead. Go ahead.
14 THE COURT: Let him finish. Go ahead.
15 MR. RUPPEL: Sure, it's a legal term
16 called res judicata. If you didn't bring it
17 up at the hearing, then you waive those --
18 your objections. You can't come back and ask
19 for --
20 MR. SEYMORE: Oh, Lord.
21 MR. RUPPEL: -- a new trial on something
22 that you should have brought up at the
23 hearing that was conducted back with your
24 attorney, Jim Evans.
25 MR. SEYMORE: Jurisdiction overrides res

386-547-0457
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1 judicata any time. That's law.
2 MS. RICHARD: Our case got moved to
3 Volusia because I didn't stay in
4 Broward County. I haven't stayed in Broward
5 County --
6 MR. SEYMORE: Jurisdiction --
7 MS. RICHARD: -- since 2011.
8 MR. SEYMORE: -- override res judicata
9 any time.
10 THE COURT: Okay. Sir, so the
11 October 18. Let's see this.
12 MR. RUPPEL: There was a Supplemental
13 Petition to Determine Support Adding a Child.
14 I believe so. Alan Holt was there, and not
15 me, but --
16 MR. SEYMORE: Jurisdiction override
17 res judicata any time. Jurisdiction. You
18 can't bring up res judicata. Jurisdiction.
19 THE COURT: So that child was included
20 in that -- in that Order? There's something
21 that I saw in here that Judge Foxman's Order
22 was scratched off as to the third -- I don't
23 know where that was.
24 MR. SEYMORE: Okay. What I scratched
25 off was she --

386-547-0457
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1 THE COURT: Oh, that was something you
2 scratched off, sir?
3 MR. SEYMORE: Yeah, she claimed that I
4 signed -- it was supposed to be highlighted.
5 She claimed that I signed the birth
6 certificate of all three children. I got the
7 certificate of live birth for all three
8 children right here. My name ain't even
9 mentioned. I ain't signed for them neither.
10 MS. RICHARD: And neither is my name so
11 the certificate --
12 THE COURT: That issue has been
13 determined at the appellate court you said.
14 MR. SEYMORE: Okay. But it's going to
15 go farther because I'm taking that to the
16 Supreme Court.
17 THE COURT: Okay. All right, sir.
18 MR. SEYMORE: But right now I'm here for
19 the Order. In order for us to send this
20 Order back to Broward, everything got to
21 vacated that Volusia did and we got to argue
22 this in Broward County.
23 MS. RICHARD: Neither one of us stay
24 in Broward County. I haven't stayed in
25 Broward County since 2011.

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1 MR. SEYMORE: I drive here from
2 Fort Myers.
3 MS. RICHARD: And neither have my kids.
4 MR. SEYMORE: I -- I -- we used --
5 THE COURT: Sir -- ma'am, you don't need
6 to talk to him about that.
7 MS. RICHARD: Okay.
8 MR. SEYMORE: When she -- ma'am, when
9 she -- when she first started to add Keion
10 onto this case in 2015, she's opened the case
11 in Broward County. That's how
12 Volusia County -- so my response to her when
13 she opened the case in Broward County was to
14 file a disestablishment of paternity case
15 which Keion then --
16 MS. RICHARD: In 2015 I didn't even stay
17 in Broward County.
18 MR. SEYMORE: Which Keion did not --
19 which Keion did not -- was not on -- I was
20 not on support for Keion. When the
21 Disestablishment of Paternity was filed, I
22 was not on child support for Keion so there
23 really was no need for me to file a
24 Disestablishment of Paternity for Keion. And
25 to prove that she opened the case in Broward,

386-547-0457
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1 I also got that Order because I had a
2 petition in Broward County also --
3 MS. RICHARD: Yeah, we went to court in
4 Broward County.
5 MR. SEYMORE: -- saying that I didn't
6 have a -- that -- that I wasn't served a
7 summons. So for Mr. Ruppel to say I never
8 brought this up, I brought this up several
9 times way from Broward County.
10 MR. RUPPEL: Sir, you didn't bring it up
11 at the hearing that we had in front of Judge
12 --
13 MR. SEYMORE: Well, I -- listen.
14 THE COURT: Just a minute. Just a
15 minute.
16 MR. RUPPEL: (Unintelligible) if you
17 object to jurisdiction at that time, and if
18 you didn't, then you waive that.
19 MR. SEYMORE: No, I did -- no, you
20 don't. No, you don't. Because I'm still --
21 I'm still allowed due process. And due
22 process means y'all got to provide me a
23 summons. And I got to respond to a summons.
24 You -- you cannot violate my constitutional
25 right for due process.

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1 THE COURT: Sir.
2 MR. RUPPEL: And if you didn't do that,
3 then you have to appeal it. Did you appeal
4 this Order to the Fifth District Court of
5 Appeal?
6 MR. SEYMORE: That's not law.
7 THE COURT: You didn't appeal it?
8 MR. SEYMORE: I didn't appeal it. But I
9 can file -- I could file a 2.54 -- what
10 the -- the motion that I filed, a 1.540
11 without appealing it. I could file a Motion
12 to Vacate at any time for extringent fraud
13 for a voided motion. I could file that at
14 any time.
15 THE COURT: Yeah, well --
16 MR. SEYMORE: That's law -- and
17 jurisdiction --
18 THE COURT: You have to prove that,
19 though, sir.
20 MR. SEYMORE: I'm proving it. I got
21 proof. I got proof that the Court had no
22 jurisdiction. I got every summons.
23 MR. RUPPEL: If you didn't raise it at
24 the hearing with the hearing officer --
25 MR. SEYMORE: I got every summons that

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1 was served to me. I have them.
2 THE COURT: He's talking about have --
3 but, sir, you waived the summons when you
4 appear. An appearance in court waives your
5 right to say, well, I didn't get served.
6 MR. SEYMORE: That's not law,
7 Your Honor.
8 THE COURT: Sir, as I understand it,
9 like you appearing in court today, let's just
10 say you properly didn't get served. Well,
11 you're before the Court and the Court has
12 jurisdiction.
13 MR. SEYMORE: That's -- that's the
14 purpose of me hiring a attorney. So if my
15 attorney knew that and he didn't bring it up
16 at the time, now you -- hold up. Now you --
17 now you -- now you -- I still got a argument,
18 which I stated in the motion, of extringent
19 fraud.
20 THE COURT: Well, you're going to have
21 to take that up with him.
22 MR. SEYMORE: All this is mentioned in
23 my motion, so I still got the right for a
24 motion because now I'm arguing extringent
25 fraud. So either which way y'all turn it, I

386-547-0457
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1 got a right to argue extringent fraud at any
2 time if I could prove that my lawyer, he
3 didn't do his job and he sold me out. So
4 either way I -- either way I can argue -- the
5 law is clear. The interpretation of the law,
6 the color of the law, is clear.
7 THE COURT: Well --
8 MR. SEYMORE: It's clear.
9 THE COURT: Not clear to me apparently.
10 MR. SEYMORE: It's clear. And -- and
11 here go the petition -- the Order from
12 Broward when they sent it over. I had a
13 petitioning stating all of this already in
14 Broward. Broward transferred this case,
15 Volusia was supposed to hear it. I had a
16 Motion for Timesharing.
17 MS. RICHARD: What you need timesharing
18 for?
19 MR. SEYMORE: I had a Motion for
20 Timesharing even that Volusia never heard.
21 MS. RICHARD: She did hear it. She
22 denied it.
23 MR. SEYMORE: She didn't hear it.
24 MS. RICHARD: Yes, she did. And she
25 said she's not giving you timesharing.

386-547-0457
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1 MR. SEYMORE: Oh, God.
2 MS. RICHARD: That's what she said.
3 THE COURT: Ma'am, is there anything you
4 want to tell the Court?
5 MS. RICHARD: I just don't understand
6 why is it okay for this man to keep dragging
7 me to court. He does nothing for my
8 children. In December he paid 86 dollars for
9 child support. Before that he paid nothing.
10 Phillip does nothing but bring me back and
11 forth to court for whatever reason. I don't
12 understand. I'm missing money. I have a job
13 and I have five kids to take care of. This
14 is out of hand. This is ridiculous. Since
15 last year --
16 MR. SEYMORE: So now we --
17 MS. RICHARD: For, like, two years --
18 MR. SEYMORE: You lied on your financial
19 affidavit.
20 THE COURT: Let her -- let her have a
21 chance to --
22 MR. SEYMORE: That's another thing.
23 THE COURT: -- talk, sir.
24 MS. RICHARD: Oh, no, sir.
25 THE COURT: Ma'am, you were saying to

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1 me?
2 MS. RICHARD: I have a job and I have
3 kids to take care of. He don't even help me
4 do nothing with my kids, the three that he's
5 on child support for. The one that's
6 biologically his, he does nothing for her.
7 The other two he does nothing for them. All
8 he do is lie and then he got me coming back
9 and forth to court. For, like, two years
10 I've been going through this.
11 MR. SEYMORE: Find their daddies.
12 MS. RICHARD: Pay child support. You
13 are their daddy.
14 MR. SEYMORE: The only time I see my
15 daughter is when she want the address.
16 THE COURT: Okay. We're not here about
17 that today, sir.
18 MR. SEYMORE: Okay. So --
19 MS. RICHARD: But I have never gave the
20 courts your address because I don't care
21 about your address.
22 MR. SEYMORE: We are here --
23 MS. RICHARD: I care about my children.
24 MR. SEYMORE: We are here for my
25 Petition to Vacate, Your Honor. And what I'm

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26
1 asking the courts to do, because I got
2 proof -- I -- without due process --
3 MR. RUPPEL: Your Honor, you know --
4 this is attorney Charles Ruppel. There is
5 also a procedural issue here. The Order for
6 Support was entered October 11th, and his
7 Petition to Vacate or Motion to Vacate was
8 filed November 13th, which is well beyond the
9 required time to file to vacate.
10 MR. SEYMORE: Your Honor, you can't even
11 consider that because I can could file a
12 Motion to Vacate at any time for --
13 THE COURT: Okay. Sir, he's asking this
14 Court to vacate the order that was dated
15 on -- let me see what date that order --
16 MR. RUPPEL: It was ordered
17 October 11th.
18 MR. SEYMORE: Yep.
19 MR. RUPPEL: October 11th, 2018. He
20 filed this petition November the 13th.
21 MR. SEYMORE: I could file that at any
22 time.
23 MR. RUPPEL: More than a month after the
24 Order was entered. So procedurally, for the
25 Rules of Procedure, he needs -- he failed to

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1 file within the time allowed by the Rules.
2 MR. SEYMORE: What Rule is that? That's
3 not rule 12.540.
4 MR. RUPPEL: You have to know the Rules.
5 MR. SEYMORE: That's not Rule 12.540. I
6 could file that at any time for a voided
7 order or extringent fraud. I could file that
8 at any time. When Miss Erica received this,
9 when she received this summons --
10 MS. RICHARD: My name is not Erica, my
11 name is Arika, and I never received that
12 summons --
13 MR. SEYMORE: When she received this
14 summons --
15 MS. RICHARD: -- in 2005.
16 MR. SEYMORE: -- that was extringent
17 fraud because what she's telling -- what
18 she's telling the sheriff is that I live at
19 this address, I live at this address, which
20 prohibit me -- prohibited me from arguing,
21 and that's case law. I can argue that at any
22 time. Now, you look that up, Mr. Ruppel.
23 You got a law degree.
24 THE COURT: Okay. So you're asking --
25 MS. RICHARD: The summons that

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1 Mr. Seymore has in his hand clearly states
2 that they didn't even get in contact with me.
3 Read the bottom. Read the comments.
4 MR. SEYMORE: Will you hand this to the
5 judge? Your Honor, may I give you this, show
6 you this --
7 THE COURT: Yeah.
8 MR. SEYMORE: -- because she keeps
9 saying she didn't receive no summons.
10 THE COURT: Yeah, go ahead.
11 MS. RICHARD: I never received a
12 summons.
13 MR. SEYMORE: She keeps saying it.
14 MS. RICHARD: I didn't even stay at that
15 address.
16 COURT DEPUTY: Do you see that?
17 MS. RICHARD: I see it.
18 COURT DEPUTY: Okay.
19 MR. SEYMORE: It say Miss Richards
20 (sic).
21 MS. RICHARD: Richards. My last name
22 ain't even Richards. So you could add that
23 to the rest of your false paperwork that you
24 been turning in.
25 THE COURT: He's showing me just the

386-547-0457
29
1 Broward County return of service.
2 MS. RICHARD: That happened in 2005.
3 THE COURT: That was 2005. Yeah.
4 MR. SEYMORE: And if you look in the
5 case law you will find that summons. That's
6 why I got all my stuff back is redacted.
7 THE COURT: Sir, I'm not going back to
8 10, 15 years ago.
9 MR. SEYMORE: Hold up. What I'm asking,
10 Your Honor, because -- I ain't asking you to
11 fix Broward County stuff. What I'm asking
12 you to do is to vacate this Order, send
13 Broward County back their mistake, and let me
14 argue my case in Broward County. And if I
15 can't get it won in Broward County, we come
16 back here, I leave it alone. That's fair for
17 everybody.
18 THE COURT: Well, you don't have to
19 vacate it. You can go down there and rehear
20 it and see what they say. And if they say
21 it's different, then they'll go ahead and --
22 you can --
23 MR. SEYMORE: In order for them to
24 rehear this, they must get jurisdiction.
25 THE COURT: Well, you -- I don't know

386-547-0457
30
1 how you're going to establish jurisdiction
2 down there.
3 MR. SEYMORE: I'm saying in order for
4 them --
5 THE COURT: How? How are you going to
6 establish jurisdiction.
7 MR. SEYMORE: You got to cancel this --
8 put this -- this --
9 THE COURT: It has to be transferred
10 back. It was transferred here.
11 MR. SEYMORE: Exactly. You got to
12 transfer it back to Broward.
13 THE COURT: But she's here.
14 MR. SEYMORE: They started this.
15 THE COURT: Well, you shouldn't have let
16 them transfer it here then.
17 MR. SEYMORE: They chose to transfer
18 this.
19 MS. RICHARD: You gave them the okay
20 right along with me.
21 MR. SEYMORE: Here go the paperwork for
22 that, and it will show that I had a petition
23 then also.
24 THE COURT: I don't know.
25 Judge Foxman's been doing this a long

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31
1 time, and --
2 MR. SEYMORE: She -- she messed up.
3 THE COURT: I don't see that.
4 MR. SEYMORE: She messed up. You
5 can't -- you can't -- you can't violate my
6 constitutional right. And -- my
7 constitutional rights and think that it's
8 okay. When you see that my -- when you are
9 made aware --
10 MR. RUPPEL: (Unintelligible) 1.491,
11 subparagraph F, states that you have 10 days
12 to file a Petition to Vacate. A Motion to
13 Vacate.
14 MR. SEYMORE: That's --
15 MR. RUPPEL: And he just files this 30
16 days later --
17 MR. SEYMORE: That's not true.
18 MR. RUPPEL: -- after his attorney
19 withdraws.
21 MR. RUPPEL: And so the Court has no
22 jurisdiction to even hear the Petition to
23 Vacate, the Motion to Vacate.
25 THE COURT: Okay. Would you do an Order

386-547-0457
32
1 denying that and send it over to me based on
2 that and --
3 MR. RUPPEL: Okay. So, Judge, you want
4 me to do --
5 THE COURT: An Order Denying the
6 Vacation.
7 MR. SEYMORE: Okay. Hold up. Let me --
8 let me say this. Florida Rules and Procedure
9 1.40, defenses. If a Court prevents or
10 requires a amended response --
11 Okay. I'm going to go to B. Every
12 defense is law fact to a claim for relief in
13 a pleading must be asserted in a responsive
14 pleading. If one is required the following
15 defenses may be made by motion and option of
16 the pleader. Lack of jurisdiction over
17 subject matter; lack of jurisdiction over the
18 person; improper venue; insufficient of
19 process; insufficient of service of process;
20 failure to state a cause of action and
21 failure to join in this indispensable
22 parties. A motion making any of these
23 decisions must be made before the following
24 pleading is permitted. The grounds in which
25 any of these enumerated defense based and

386-547-0457
33
1 substantial matter of law intended to be
2 argued must be stated specifically and with
3 particular and responsible plead or motion.
4 Any ground not stated must be deemed to be
5 waived accept any grounds showing that the
6 Court lacked jurisdiction of subject matter
7 may be made at any time. No dispense (sic)
8 or objection is waived by being joined with
9 another defense of objection in responsive
10 pleading or motion. If a plea set forth a
11 claim of relief -- for relief to which the
12 adverse party is not required to serve a
13 responsive plead, the adverse party may
14 assert at any defense in law or facts to the
15 claim for relief at trial accept that
16 objection of failure to state legal defenses,
17 okay?
18 MR. RUPPEL: All right. My response is
19 that --
20 MR. SEYMORE: Any --
21 THE COURT: Okay. Sir?
22 MR. SEYMORE: Any --
23 MR. RUPPEL: You got served --
24 MR. SEYMORE: Any -- any --
25 MR. RUPPEL: You showed up for court,

386-547-0457
34
1 your attorney didn't raise that objection of
2 service and/or jurisdiction, so you waived
3 that.
4 MR. SEYMORE: No, I didn't waive that.
5 THE COURT: You came to court, the court
6 fueled ruled, and --
7 MR. SEYMORE: I didn't waive that.
8 That's not law. That's not law. But if you
9 want to prepare a motion for that, that's --
10 MR. RUPPEL: (Unintelligible.)
11 MR. SEYMORE: -- do me a favor and state
12 everything what he's saying -- stating.
13 THE COURT: Okay. Go ahead and put all
14 of that into your proposed order, and then
15 you can take it up on appeal. They have a
16 court reporter -- he has a court reporter
17 here.
18 MR. RUPPEL: Okay.
19 THE COURT: He can go ahead and take
20 that up on appeal. But try to get that over
21 to me pretty quick while it's fresh in your
22 mind, okay, as to all of the reasons as to
23 that Order date.
24 MR. RUPPEL: Is your J.A.,
25 Mr. Bonaccorsy there?

386-547-0457
35
1 THE COURT: He's in the office, yeah.
2 MR. RUPPEL: I'm going to have to get
3 with him, too.
4 THE COURT: Okay.
5 MR. RUPPEL: I'm making notes, Judge,
6 and I'll send you an Order.
7 THE COURT: Okay. Thank you very much.
8 (THEREUPON, the foregoing proceedings
9 were concluded at 2:30 p.m.)
10
11
12
13
14
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17
18
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386-547-0457
36
1 C E R T I F I C A T E O F R E P O R T E R
2 STATE OF FLORIDA )
3 COUNTY OF VOLUSIA )
6 I, Shannon Green, Registered Professional
7 Reporter, DO HEREBY CERTIFY that I was
8 authorized to and did stenographically report the
9 foregoing proceedings; and that the transcript is a
10 true record of my stenographic notes.
11 I further certify that I am not a
12 relative, employee, attorney, or counsel of any of
13 the parties, nor am I a relative or employee of
14 any of the parties' attorney or counsel connected
15 with the action, nor am I financially interested in
16 the action.
17 Dated this 20th day of May, 2019.
18
19
20 ___________________________
Shannon Green, RPR
21 Registered Professional Reporter
22
23
24
25
386-547-0457

Seymorehearing 3619

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Seymorehearing 3619

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1 IN THE CIRCUIT COURT

OF THE SEVENTH JUDICIAL

13 125 East Orange Avenue

19 The above-styled cause came to be heard before

20 the Honorable Stasia Warren, Circuit Judge, at the

21 time and place indicated, for the purpose of taking

22 testimony and evidence in said cause.

4 CHARLES RUPPEL, ESQUIRE

12 ARIKA RENEE RICHARD

2 THE COURT: Good afternoon. Please be

3 seated. Okay. We're here this afternoon in

4 the matter of Phillip Seymore and case

5 number, let's see, I believe it's 2016-31699.

6 Madam Clerk, would you place the parties

8 THE CLERK: If you could please both

9 raise your right hand?

10 (Parties were sworn.)

11 THE COURT: Okay. This matter was set

12 at 1:30 and it's a couple minutes after 2:00

13 and I had allowed one hour for this so I

14 don't know that we're going to be able to

15 conclude this today. We'll probably have to

16 reschedule it to finish it. It all depends

17 how long you all take. So keeping that in

18 mind when you speak that it's going to be --

19 that we're going to have to conclude it in a

21 So Mr. Seymore, would you please explain

22 to the Court what you're asking this Court to

24 MR. SEYMORE: I'm asking the Court to

25 vacate this Order for --

2 (Phone rings in the courtroom.)

3 THE COURT: This is Judge Warren.

4 MR. RUPPEL: Hey, Judge. It's

6 THE COURT: Okay. We just started this

7 proceeding. And will you be attending by

9 MR. RUPPEL: Yes.

10 THE COURT: I had just asked Mr. Seymore

11 what he was asking this Court to do. So

12 hopefully -- Mr. Seymore, would you speak

13 into the mic so everyone can hear you,

15 MR. SEYMORE: Yes, ma'am. I'm asking

16 the Court to vacate this Order in arrears.

17 THE COURT: Which Order are you talking

18 about? There's been so many orders in this

20 MR. SEYMORE: Really all of them. It's

21 not valid, and I got proof that -- to show

22 that every Order from the beginning of this

23 case has been voided. And it should have

24 been caught by Mr. Ruppel. It should have

25 been caught by the Department of Revenue. It

2 Judge Foxman. It should have been caught by

3 the judge in Broward County. And for 13

4 years I've been paying child support on a

5 Order that's not void -- that's not valid.

6 MS. RICHARD: You don't pay child

8 MR. SEYMORE: First of all, the -- the

9 summons that was served, that was

10 insufficient from the beginning. The first

11 summons that was served, it was served to

12 Miss Richard. And according to the law, the

13 adversary shouldn't be served. I got proof

14 of the summons. They defaulted me off of

15 something that they served her. I never